Decision record
Kerr Clement
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12661/2024
Date14/03/2025
OutcomeFine
Allegation / charges
Breaches, Code of Conduct 2011, Failures, SRA Principles 2011
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionFine
FineGBP 5,500
CostsGBP 1,350
Dishonesty foundNo
Mr Kerr Clement, a commercial property solicitor at Burnett Barker Solicitors Ltd, admitted failing to register clients' interests in the Old Eagle Pub purchase and failing to perform undertakings given to TCF Ltd/Priority Law and Barclays Bank within a reasonable time. The Tribunal, dealing with the matter on the papers via an Agreed Outcome, found the admissions properly made and assessed the conduct as serious (band 3) but imposed a reduced fine of £5,500 given his means, plus £1,350 costs. No dishonesty was alleged or found; the conduct was described as inadvertent mistakes rather than deliberate.
Duties found breached:
Aggravating factors:
- Experienced solicitor (9 years qualified) with direct control of the matters
- Misconduct repeated across more than one client matter, involving three separate undertakings to three firms in two transactions
- Caused harm to clients, lenders, the Firm (increased insurance premiums) and the reputation of the profession
- Put clients' and lenders' security interests at risk
Mitigating factors:
- Full cooperation with the SRA
- Admissions made at the earliest opportunity
- No previous disciplinary history since admission in 2009
- Misconduct was not deliberate or premeditated - inadvertent mistakes under heavy workload
- Took some steps to register charges and discharge undertakings (though ineffective)
- Difficult work environment with little support; request for additional assistance refused
- Lost his job and suffered financial, physical and mental health difficulties
- Reduced financial means